A 35-year-old Long Beach woman was killed in a pedestrian accident after a pickup truck struck her.
According to a news report in the Orange County Register, the fatal accident occurred the night of September 3, 2014 at the intersection of Crescent Avenue and Moody Street.
Paramedics tried to perform CPR on the victim before taking her to a local hospital in critical condition.
pronounced dead shortly afterward.
Investigators believe she was crossing Moody just south of Crescent intersection when a vehicle that was southbound on Moody struck her. Officials did not say if she was in the crosswalk at the time of the collision.
Police do not believe drugs or alcohol were a factor. No arrests or citations were reported. Anyone who witnessed the collision is asked to contact the La Palma Police Department at 714-690-3339.
There were two fatalities and 141 injuries reported in La Palma as a result of car accidents, according to the California Highway Patrol’s 2011 Statewide Integrated Traffic Records System (SWITRS).
In Orange County as a whole, 128 people died and 13,541 were reported as a result of traffic accidents during the same year.
Based on this news report, it appears that the pedestrian was crossing at an intersection and officials are still looking into who had the right-of-way at the time of the collision.
California Vehicle Code Section 21954 states: “Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.”
The same section also states: “The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.”
If the motorist is determined to have been at fault, he or she can be held liable for the victim’s wrongful death.
When negligence or wrongdoing is involved, family members of deceased victims can file a wrongful death claim seeking compensation for damages such as medical expenses, funeral costs, lost future income, pain and suffering and loss of love and companionship.
An experienced Orange County personal injury lawyer will also be able to determine whether a dangerous roadway condition caused or contributed to the incident.
If that is the case, the city or governmental agency responsible for maintaining the roadway can also be held liable.
Please remember that any personal injury or wrongful death claim against a governmental entity must be filed within 180 days of the incident.